Terms of Service

TERMS & CONDITIONS IN SHORT

  • By ordering any of our products and/ or services, you agree to be bound by these terms & conditions.

  • By placing an order at the RISE, you warrant that you are at least 18 years old or have parents' permission to buy from us.

  • All personal information you provide us with or that we obtain will be handled by ARS Media, LLC as responsible for the personal information.

  • Events outside the RISE’s control shall be considered force majeure.

  • The price applicable is that set at the date on which you place your order.

  • Shipping costs and payment fees are recognized before confirming the purchase.

  • Card information is transmitted over secure SSL encryption and is not stored.

  • Please note that local charges may occur.

  • The RISE reserves the right to amend any information without prior notice.


Terms & Conditions

DEPOSITS

Deposits made by clients are partial payments made toward the total cost of a trip to hold the client's spot. If a deposit is made in error for any reason, a client can make a refund request (in writing) within 30 (thirty) days of making deposit payment, and ARS Media, LLC will refund the full deposit amount. If the deposit payment is made within the 60 day period leading up to the specific trip for which it is being made, the deposit is hereby forfeited by the client. The client's remaining balance is still due to hold a spot on the trip, however, if notified in writing, the client can forfeit his/ her spot and financial obligation. Any deposit made, and disputed for a refund outside of the 30 (thirty) day period listed above is hereby forfeited by the client, and subject to the discretion of the ARS Media, LLC agents. The space on the trip will be held for the client, unless otherwise indicated by the client. If another spot on the trip is successfully sold to replace the client's forfeited spot(s), ARS Media, LLC may provide a full refund to the client. All other refund situations are subject to the discretion of ARS Media, LLC and its agents. Monies paid may also be transferred to apply toward the cost of another workshop, at the discretion of ARS Media, LLC.

PAYMENT POLICIES & EXPENSES

The following payment schedule is set to retain a spot on the trip for the service coverage specified above which includes applicable sales taxes. The paid retainer reserves space for the Client. The remaining balance is due 60-120 days before the first day of the trip. Reimbursement of (only if applicable) air fare, hotel and transfer expenses incurred by the RISE and their associates in performing the trip duties expressed herein will be billed after the session.

Due to the nature of reserving a date, the Client is asking for the RISE to turn aside any future inquiries for the contracted date. Because of this, the retainer and fees are nonrefundable. Non-payment of any fees and/or reimbursements as described above releases the RISE from any and all obligations defined in this agreement.

LOCAL TAXES

Please note that local charges (sales tax, customs duty) may occur, depending on your region and local customs duties. These charges are at the customers own expense.

TRIP POLICIES

1. Equipment. The Client is responsible for providing all of the equipment necessary to complete the trip unless agreed upon otherwise.

2. Confidentiality.  The Client understands that all documents that are given to her/him are the exclusive property of the RISE and are privileged and confidential information. They may not be copied or sold.

3. Non-Compete.  Client shall not compete as a fly fishing guide within six months of the completion date of the trip.  This includes on-line and in-person competition.

4. Schedule.  Schedule is subject to change by the RISE.

5. If a booking made less than six weeks prior to the departure date, the full cost of the trip is payable at the time of booking. 

6. We reserve the right to change any of the prices, service or other particulars of a trip before we enter into a contact with you. If there is a change we will notify you before we enter into such a contract.

7. The type of trips we offer requires flexibility and you must allow for alternatives. For this reason the outline itinerary and the trip description must be taken as an indication of what may take place on the trip, and not as a contractual obligation on the part of the RISE.

8. The RISE does not accept liability for any loss or additional expense caused by the delay or interruption to travel services through weather conditions, civil disturbance, industrial action, strikes, wars, floods or sickness. Such losses or additional expenses are the responsibility of the client.

9. The client must communicate any perceived failure in the performance of this contract on the spot to the trip leader thus giving the trip leader the opportunity to achieve a satisfactory solution. Should this not be possible, you should make your complaint known to us in writing within 14 days of the completion of the trip.

10. It is a term of the contract between Client and the RISE that Client will obtain the appropriate travel insurance cover before you set out on the trip (whether abroad or in this country). The insurance must cover the loss, expenses and damages arising from, including but not limited to, the cancellation of the trip (whether whole or in part), personal accident and injury, medical and repatriation costs (for overseas trips), loss of baggage and personal money, and belongings and flight cancellations and delays.

11. By attending a trip, the Client gives permission for images/ video to be taken of themselves to be used to promote the RISE trips or to be for any media for any purpose (except pornographic, defamatory, libelous or otherwise unlawful) which may include, among others, advertising, promotion, marketing and packaging for any product or service.

POSTPONEMENT

If the Client should need to cancel or postpone the trip for any reason, the Client is to provide the RISE with a written release of the current contracted date, which will null and void this written contract. All monies paid can be transfer to a new date or trip per a newly written and signed contract if that date is available for the RISE. The new date must be within six months of the original date or the new contract will be subject to the RISE's current rates. If the new date is unavailable with the RISE the retainer and remaining balance will not be refunded.  Any cancellation by the Client must be made in writing. The date on which the letter is received by us, will determine the cancellation charges that are applicable. These charges are expressed as a percentage of the total trip price and are as follows: More than 60 days before departure: Loss of deposit; 60-40 days before departure 70%; 40-29 days before departure 85%, 28 days or less before departure 100%.

FAILURE TO PERFORM

If the RISE cannot perform this agreement due to fire, casualty, act of God, illness, or any other cause beyond the control of the RISE, then the RISE shall return all monies paid, including the retainer, and shall have no further liability with respect to this contract. This limitation of liability shall also apply in the event that materials are damaged in processing, lost through camera or memory card malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the RISE. In the event that the RISE fails to perform for any other reason, the RISE shall not be liable for any amount in excess of the value of the Client’s collection. Monies spent on travel by the Client are not the RISE's responsibility. Though the RISE will always try to accommodate the Client to the best of their ability.

The RISE reserves the right to cancel any trip. Should an alteration or cancellation become necessary, you will have the choice of accepting the change, taking an alternative trip (and where this is of a lower price we will refund the difference), or withdrawing from the contract and accepting a refund of all monies paid to the RISE. Under booking is the situation in which the minimum number of bookings required to run a trip is not met, and if we have to cancel a trip because of this we will not do so less than 30 days prior to departure. Force majeure is unusual and unforeseeable circumstances beyond our control such as war or the threat of war, riots, terrorist activity, civil strife, industrial disputes, natural or nuclear disaster, fire, flood or adverse weather.

LIABILITY INSURANCE

The RISE maintains business liability insurance with The Hartford Insurance to protect the Client from claims by the property owner for accidental damage the RISE and their staff may cause. Certification of insurance is available upon request.

LIMITS OF LIABILITY

The RISE requires all trip participants to complete and sign a liability waiver form with the agreement and will also be included in the Welcome Packet. The RISE and our guides are not liable for injury, accident or theft resulting from participation in our trip program. It is the Client's responsibility to obtain information about any risks involved. Client signature on this agreement and Liability Waiver at the time of registration verifies release of liability of the RISE and any contractors. Any questions about trip content, requirements or risks may be directed to our office, prior to the time of registration.

I am aware that the courses and activities of the the RISE’s trip in which I am participating present certain risks including, but not limited to, bodily injury, death, illness, loss or damage to personal property, and other safety-related dangers. I further understand that these outdoor courses present inherent risks of personal injury or sickness, such as falling, falling rocks, getting lost, traveling in rough terrain, river/ creek crossings, stock animals including horses and cattle, forces of nature such as lightning strikes, absence of prompt medical attention, if needed, inadequately marked trails, camp injuries, giardia and infectious or stomach aliments, impure water, and travel by automobile or other conveyance.

The Client agrees that he/ she understands these risks, recognize that these dangers cannot be eliminated, and acknowledge other dangers not mentioned may also exist.  The Client agrees that he/ she understands the physical requirements of participation in these activities and affirm that he/ she meet these requirements, and that their physical and mental health is good, and that he/ she is not under a doctor’s care for any condition that might endanger other participants or themselves.  The Client agrees that he/ she understands that instructors may not posses the required training or equipment to handle incidents that may occur.  In case of injury, accident, illness, or the Client’s inability to complete these activities, the Client agrees that he/ she will bear the full cost of any additional transportation or evacuation procedures performed by the RISE or others.

The Client certifies that he/ she is voluntarily participating in these activities and assume all risks, consequences, and potential liability for this participation.  The Client releases the RISE, any landowner, employee of the landowner in which we hold the workshop, the US Forest Service, National Parks system, and other land managers where these activities occur from any and all liability claims, causes of action, debts, and demands that may arise as a result of their participation in these activities.  This document shall also serve as a release and assumption of risk for their heirs, personal representatives, executors, administrators, and members of their family. 

The RISE reserves the right to cancel or change activities without prior notice, and reserves the right to cancel the registration of any participant it determines fails to meet the requirements of these activities. The Client consents to any photographs/ video clips in which they appear taken during their participation in a RISE trip activity may be used without compensation to the Client for the purposes of publicity or advertising in catalogs, flyers, etc.

ADDITIONS AND SUBTRACTIONS

The RISE and the Client agree that the Client shall have the option of making additions or subtractions to their collection of ordered products and services, which may change the total balance. The RISE and Client agree that any additions or subtractions to the services are best made as soon as known to give the RISE the best opportunity to meet the Client’s needs based on availability.

MISCELLANEOUS

This contract incorporates the entire understanding of both parties. Any modifications to this agreement must be in writing and signed by both parties. This agreement shall be governed by the laws of the State of Texas.

The Client has carefully read, clearly understood and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon the Client, their heirs, assigns, personal representative and estate and for all members of their family, including minor children.